Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

Federal Register, Volume 78 Issue 152 (Wednesday, August 7, 2013)

Federal Register Volume 78, Number 152 (Wednesday, August 7, 2013)

Rules and Regulations

Pages 48042-48043

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2013-19026

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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706

Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972

AGENCY: Department of the Navy, DoD.

ACTION: Final rule.

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SUMMARY: The Department of the Navy (DoN) is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG)(Admiralty and Maritime Law) has determined that USS INDEPENDENCE (LCS 2) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

DATES: This rule is effective August 7, 2013 and is applicable beginning July 24, 2013.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jocelyn Loftus-Williams, JAGC, U.S. Navy, Admiralty Attorney, (Admiralty and Maritime Law), Office of the Judge Advocate General, Department of the Navy, 1322 Patterson Ave., SE., Suite 3000, Washington Navy Yard, DC 20374-5066, telephone number: 202-685-5040.

SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33 U.S.C. 1605, the DoN amends 32 CFR Part 706.

This amendment provides notice that the DAJAG (Admiralty and Maritime Law), of the DoN, under authority delegated by the Secretary of the Navy, has certified that USS INDEPENDENCE (LCS 2) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship: Annex I paragraph 2 (a)(i), pertaining to the location of the forward masthead light at a height not less than 12 meters above the hull; Annex I, paragraph 3(a), pertaining to the location of the forward masthead light in the forward quarter of the ship, and the horizontal distance between the forward and after masthead lights. The DAJAG (Admiralty and Maritime Law) has also certified that the lights involved are located in closest possible compliance with the applicable 72 COLREGS requirements.

Page 48043

Moreover, it has been determined, in accordance with 32 CFR Parts 296 and 701, that publication of this amendment for public comment prior to adoption is impracticable, unnecessary, and contrary to public interest since it is based on technical findings that the placement of lights on this vessel in a manner differently from that prescribed herein will adversely affect the vessel's ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (water), and Vessels.

For the reasons set forth in the preamble, the DoN amends part 706 of title 32 of the Code of Federal Regulations as follows:

PART 706--CERTIFICATIONS AND EXEMPTIONS UNDER THE INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA, 1972

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1. The authority citation for part 706 continues to read as follows:

   Authority: 33 U.S.C. 1605.

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2. Section 706.2 is amended as follows:

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   1. In Table One by revising the entry for USS INDEPENDENCE (LCS 2);

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   2. In Table Five, by revising the entry for USS INDEPENDENCE (LCS 2).

      The revisions read as follows:

      Sec. 706.2 Certifications of the Secretary of the Navy Under Executive Order 11964 and 33 U.S.C. 1605.

      * * * * *

      Table One

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      Distance in meters

      of forward masthead

      light below minimum

      Vessel Number required height Sec.

      2(a)(i) annex I

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      * * * * * * *

      USS INDEPENDENCE............... LCS 2............ 4.14

      * * * * * * *

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      Table Five

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      After masthead

      Masthead lights Forward masthead light less than \1/

      not over all other light not in 2\ ship's length Percentage

      Vessel Number lights and forward quarter of aft of forward horizontal

      obstructions. ship. annex I, masthead light. separation

      annex I, sec. sec. 3(a) annex I, sec. attained

      2(f) 3(a)

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      * * * * * * *

      USS INDEPENDENCE....................... LCS 2.......................... .................. X X 15.2

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      Approved: July 24, 2013.

      A.B. Fischer,

      Captain, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law).

      Dated: July 30, 2013.

      D.G. Zimmerman,

      Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, Alternate Federal Register Liaison Officer.

      FR Doc. 2013-19026 Filed 8-6-13; 8:45 am

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